ASCI upheld complaints against 79 out of 100 advertisements

In September 2014, ASCI’s Consumer Complaints Council (CCC)   upheld complaints against 79 out of 100 advertisements. Out of 79 advertisements against which complaints were upheld, 49 belonged to Personal and Healthcare category, followed by the Education category with 18 advertisements.

HEALTH AND PERSONAL CARE:

The CCC found the following claims in health and personal care product or service advertisements of 48 advertisers to be either misleading or false or not adequately/scientifically substantiated and hence violating ASCI’s Code. Some of the health care products or services advertisements also contravened provisions of the Drug & Magic Remedies Act and Chapter 1.1 and III.4 of the ASCI Code. Complaints against the following advertisements were UPHELD.

1.       Safe Health Knee Joint Centre: They advertise Cytoron, which claims to be a revolutionary technology that regenerates and repairs worn-out cartilage, relieves knee and back pain and improves the mobility of joints with a lasting, non-invasive and risk free treatment. They further claim to have successfully treated 700 patients in five years.

2.      Nirogi Kaya Herbs Private Limited – (DivyaSanjivani Hair Care Range): The advertisement claims to get rid of baldness, without any operation and pain with 100% ayurvedic and guaranteed natural treatment.

3.      Leeford Healthcare Limited (LeefordMeglow Fairness Cream Women): The advertisement of LeefordMeglow Fairness Cream claims that the product is UVA UVB SPF 15.

4.       Vini Cosmetics Pvt. Ltd (White Tone Face Powder): The advertisement of White Tone Face Powder shows instant fairness of the skin on using the product which is misleading by exaggeration.

5.       Dr. Bagga: The advertisement of Dr. Bagga claims that Herbo-Height Therapy helps consumers to increase their height upto 35 inches.

6.       Trikuta Herbal Aushadhalaya (Stimulant Oil): The advertisement of Trikuta Herbal Aushadhalaya claims that the product is 100% ayurvedic and equally useful for both ladies and gents for a happy married life.

7.       Care Now Medical Private Limited (Bug Off): The advertisement of Bug Off claims eight hours guaranteed protection against dengue.

8.       Sevabharati Hospital: The advertisement of Sevabharati Hospital claims to provide 100% results on treatments for childlessness – especially for those who are tired of treatments from everywhere, further claiming that the stone creating the problem will be removed.

9.       Vibes (Cryolypolysis Program): The advertisement of Cryolypolysis Program claims that they provide non-invasive, 3 dimensional technology for body sculpting, an alternative to liposuction reducing 2-3 inches from one area (tummy, hips and thighs) in 90 minutes. They further claim that Vibes has introduced revolutionary non-invasive 3 dimensional technology for sustainable and instant inch loss, cellulite removal, skin tightening and weight loss for the first time in India.

10.   Kulbhushan Pharmaceuticals India Private Limited – (View Plus Hair Care Range): The advertisement of View Plus Hair Care Range claims to stop hair fall and helps the growth of new hair, makes hair black and dense, provides them strength, grows hair on a bald head, stops premature greying of hair completely, stops dandruff permanently and further claims to be a guaranteed herbal product providing best nourishment for the hair.

11.   Intuition Herbals India Ayurvedic Research Centre &Clinic (Naabhi Chakra Tablets): The advertisement for Naabhi Chakra tablets claims that the product helps improve the immune system, helps detoxification and is the world's only tablet to cure in five minutes.

12.   Dr. Dassan’s Ayurvedic Herbal Formulations (Dr. Dassans Re Renal): The advertisement for Dr. Dassans Re Renal capsules states that the capsule is made of natural herbs, which is free from harmful effects and it can be taken as a food supplement along with Allopathic medicines, and can prevent dialysis and kidney transplant. The consumer can see visible effects with this ayurvedic treatment in 15-25 days.

13.   Dr. Dassan's Ayurvedic Herbal Formulations (Dr. Dassans Self On): The advertisement of Self On Neuro Capsule claims to treat non-functioning legs, hands, facial muscle drop, non-functioning tongue, heaviness, stiffness, loss of control over urine and stool discharge, numbness, shocks, epilepsy, tremors, skin crawling, stumbling for 55 years. Further they claim the product helps in curing blood circulation and stop the cells from damage and clear results can be seen in a few time.

14.   Shifa Herbal (Josh-E-Tilla Oil): The advertisement of Josh-E-Tilla Oil claims to provide lively feeling of masculine strength, treats weakness of nerves and premature ejaculation. Further the advertisement claims read in conjunction with the visual implies that the product is meant for enhancement of sexual pleasure. 

15.   Leeveza Remedies (Leeveza Remedies Products): The advertisement of Musli Zabardast Capsules claims to get rid of sex related problems, is made of rare natural herbs and is 100% Ayurvedic.

16.   Makewell Pharmaceutical (Power Plus Capsules): The advertisement of Power Plus Capsules claims to enhance sexual pleasures bringing happiness to married life, and energy incase of weakness in body, further claiming that it is 100% ayurvedic.

17.   Khamjariya Herb: The advertisement of Khamjariya Herb claims to treat diabetes from herbs which are imported from Saudi Arabia, making more than 1 lakh people in India free from Allopathic medicines for diabetes in just 3 months and also keeping away diabetes for those who have it hereditary. They claim to be certified by Global Research Center (GRC), Atlanta, USA.

18.   B-Perfect P. Ltd: The advertisement of B-Perfect P. Ltd claims to service safe hair transplant with permanent and assured results. It further claims that they have successfully transplanted more than 70 lakh hair.

19.   Increase height by double speed: The advertisement of Increase height by double speed claims that the product will increase height at twice the speed, by just making a phone call and see increase in height by sitting at home.

20.   Vision Health Care: The advertisement of Vision Health Care claims that cavitation therapy helps lose1 kg in 60minutes.

21.   Perfect Clinic: The advertisement of Perfect Clinic claims to give hope for childless couples, helps to get sex life back and enjoy married life.

22.   The Body Care (LIPO-CAV): The advertisement of LIPO-CAV claims that they for the first time in Delhi provide state of art treatment to reduce stomach fat, get upto 5 kg weight loss, 5 kg muscle toning and 5 Kg body firming and is a non-surgical Liposuction approved by USFDA.

23.   Dr. Gupta’s Clinic: The advertisement of Dr. Gupta’s Clinic states that ‘sex weakness’, impotency and premature ejaculation makes men unsuccessful. The advertisement claims to provide successful treatment for all ages from Dr. Govind K Gupta MBBS Diplomat American Board of Sexology, which is also in violation of the Medical Council of India (MCI) Code of Ethics Regulations 2002 Clause 6.1.as the name of the doctor promoting the clinic has been mentioned. The registration number of the doctor did not match the records in the MCI records on https://www.mciindia.org/InformationDesk/IndianMedicalRegister.aspx

24.   Virgo UAP Pharma Private Limited (Virgo Capsule Weight Loss): The advertisement of Virgo Capsule Weight Loss claims that the product is 100% ayurvedic with no side effects.

25.   Goyal Piles Care Centre: The advertisement of Goyal Piles Care Centre claims to treat piles without an operation and via infrared rays, thus without losing consciousness (giving general anaesthesia). It further claims the treatment to be painless.

26.   Agro Tech Foods Limited (Sundrop Heart): The advertisement of Sundrop Heart claims that research conducted on consumers proves the product has worked in 100%of the people tested on. The duration of the supers in the advertisement does not stay for 6 seconds and contravened ASCI’s Guidelines for Supers.

27.   Chitransh Clinic: The advertisement of Chitransh Clinic claims guaranteed treatment of stone, heart disease, blood pressure, liver damage, piles, jaundice, sciatica, sugar, STDs in men, white spots and skin diseases, etc. without any operation.

28.   Dr. Asma Herbal (Asma Herbal Range of Products): The advertisement of Asma Herbal Range of Products claims the product is enriched with energy of Shilajit, Kesar and White Musli, increasing hunger, bringing back charm and making an individual healthy.

29.   Sex Rog: The advertisement of Sex Rog claims to increase penis by 7 to 8 inch, thick, strong and straight and increases sex time by 35 to 45 minutes. It further claims to treat narrowing of vagina, nightfall, premature ejaculation, impotency, childlessness, all STDs cured with 100% guarantee from their roots with no side effects.

30.   White Spots: The advertisement of White Spots claims to treat all spots, waist pain, dizziness, weakness, and piles, with effects starting with the commencement of the treatment and is cured from its roots with the help of Ayurveda.

31.   Lakshya Healthcare & Fitness Point: The advertisement of Lakshya Healthcare & Fitness Point claims treatment of obesity, BP, sugar and all its related diseases in just one month with any dieting or medicines or heating with guaranteed results. It further claims to have no side effects.

32.   Richfeel Trichology Centre: The advertisement of Richfeel Trichology Centre claims to provide the Best Hair Transplant at Rs. 55,000/-. They further claim to have “Full time Aliesbury Certified Surgeons and staff perform the procedure”.

33.   Sun Laboratories Private Limited (Titanic - K2 Plus Capsules): The advertisement of Titanic - K2 Plus Capsules claims to provide energy and strength in women, being a bit costly but provides the correct treatment for energy, passion and strength with no side effects.

34.   Anmol Ayur Clinic: The advertisement of Anmol Ayur Clinic claims that they are experts in the successful treatment of infertility in females and males.

35.   Homeo Care & Cure Beauty Clinic: The advertisement of Homeo Care & Cure Beauty Clinic claims to remove stone within seven days, permanent treatment of obesity and white spots.

36.   Delhi IVF & Fertility Research Centre: The advertisement of Delhi IVF & Fertility Research Centre claims to have achieved an astounding success rate of over 50% for the treatment of infertility. Also, the registration number of the doctor was not in the MCI records on https://www.mciindia.org/InformationDesk/IndianMedicalRegister.aspx

37.   BharatbhaiAnandvala Healthcare: The advertisement of Bharatbhai Anandvala Healthcare Clinic claims 100% Ayurvedic Treatment of HIV Aids, benefits in CD-4 & HIV within three months. It further claims to have treated kidney failure, stopping of dialysis, cancer/ blood cancer and termination of HIV (AIDS), asking patients to try the treatment for a month.

38.   CordLife Sciences India Pvt Ltd: The advertisement of CordLife Sciences India Pvt Ltd claims to be Asia’s largest stem cell bank.

39.   CNR Herbs (Herbal treatment for Psoriasis): The advertisement of Herbal treatment for Psoriasis claims that they provide complete cure for Psoriasis. Also, the advertorial is in breach of the code of medical ethics as the advertorial mentions the name the doctor promoting the Clinic which is in violation of the Medical Council of India (MCI) Code of Ethics Regulations 2002 Clause 6.1.

40.   Ayurwin Pharma Pvt Ltd (AyurwinNutrigain granules & capsules): The advertisement of AyurwinNutrigain granules claims to provide a powerful and well-built body and helps to increase weight.
41.   Hygienic Research Institute P. Ltd. (StreaxInsta Naturals Cream Hair Colour): The visual advertisement of Streax Insta Naturals Cream Hair Colour shows a carton of Powder Hair Dye being animatedly exploded, disparages the powder colour (dye) category. It does not clarify what aspects of the advertiser’s product are being compared with what aspects of the competitive product.

42.   Dr. Arora's Private Limited Clinic: The website and TVC advertisement of Dr. Arora’s Clinic Private Limited claims to provide solutions to all sexual health problems like erectile dysfunction, premature ejaculation, penis size, no interest in sex, pain while having sex, etc., and that it is India’s No.1 Online Sexual Health Consultation website and the 2nd sexual health blog in the world. The advertisement shows a real doctor promoting the clinic which is in violation of the Code of Medical Ethics.

43.   Procter & Gamble Hygiene & Health Care Ltd. (Head & Shoulders Anti Hair Fall): The print advertisement claims that dandruff is the biggest cause of hair fall, which is misleading by exaggeration.

44.   Autodynamic Engineering Pvt Ltd (VegWash+): The advertisement of VegWash+ claims that the product is for external use only on uncut, non-porous fruit and vegetable surfaces. They further claim that the product is certified with 100% Food Grade Ingredients logo and forms a protection layer from germs and bacteria, pesticides, dirt and dust, chemicals, waxes and preservatives.

45.   Abbott Healthcare P. Ltd (Pediasure): The television commercial of Pediasure claims that the product has 37 vital nutrients and the visual shows fruits and vegetables to be a part of the ingredients. It further claims to be a complete and balanced nutrition for overall growth in children. The commercial implies the endorsement of the product by a paediatrician. The CCC considered this to be misleading.  

46.   Dr Paul's Multispeciality Clinic Pvt Ltd: The advertisement mentions the name of Dr. Paul promoting the Clinic. The advertisement violates the Medical Council of India (MCI) Code of Ethics Regulations 2002 Clause 6.1.
47.   Skin Alive Clinic: The advertisement of Skin Alive Clinic claims, “Say Goodbye to stubborn fat in as little as one, one hour treatment”, “A non - surgical body Contouring treatment that eliminates fat naturally”. The visuals read in conjunction with the claims conveyed permanent and dramatic fat removal results and were misleading by exaggeration as the treatment demonstrates slight reduction of fat which is not of a permanent nature. Its further claims “Only US FDA approved Technology in the world for Fat Reduction”, “Undeniable results after just one treatment” were not substantiated.
48.   Ved Gyani Ayurvedic Pharmacy (Nasha Mukti Sanjivani Syrup): The advertisement of      Nasha Mukti Sanjivani Syrup claims that it helps to get rid of gutka, alcohol and smoking addiction and is anayurvedic product.
49.   Innovative Retail Concepts Pvt Ltd (www.BigBasket.com): The advertisement claims of usage of “Ozonation Process to remove Surface Pesticides and Chemicals", "CSIR-CFTRI Technology" were inadequately substantiated.

EDUCATION:
The CCC found following claims in print advertisements by 18 different advertisers were not       substantiated and thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence     complaints against these advertisements were UPHELD.

1.       Sri Venkateswara Institute Of Technology: The advertisement claims that Sri Venkateswara Institute Of Technology provides guaranteed placement or else refund of fees.

2.       RKDF Group of Institute (RKDF College of Engineering): The advertisement claims that RKDF College of Engineering is the best engineering college in Central India.

3.       EDDIFF Coaching: The advertisement of EDDIFF Coaching claims that they provide guaranteed selection in the medical entrance exam.

4.       Sharad Tutorials: The advertisement of Sharad Tutorial claims “100% Guarantee for all CA-CPT Repeaters or full fees Refund*; Super: *Conditions apply”.

Complaints against advertisements of all educational institutes listed below were UPHELD because of unsubstantiated claims that they ‘provide 100% placement/AND/OR they claim to be the No.1 in their respective fields’:

G.H.G. Khalsa College, All India Ex-Serviceman Electronics and Computer Institute (AIESECI), Ratnam Coaching Centre, Deepthi Institute of Hotel Management, EFA Tally Institute of Learning, Sri Sai Coaching Centre, Uma Electronic Institute, All India Institute of Aeronautics, Karnal Group of Institutions, Bulls Eye, Pacific Academy of HR Education & Research University, Viva Academy, SRM University (SRM University School of Law) and Kshitij Classes.

TELESHOPPING:

1.       Telebrands India (Hot Shapers): The advertisement of Hot Shapers claims that by simply wearing these pants it helps reduce 20 pounds weight of a person while standing, walking, jogging, resting etc. It further claims that wearing of Hot Shapers results in more sweating and thereby more weight reduction. These claims were not substantiated.

2.       TV Teleshopping (KuberKunji): The advertisement claims that the product brings wealth through lotteries, etc. and thus promises gains and belief using magical excitement. They further promise a 45 days money back guarantee. The advertisement contravened Chapter I.1 of the ASCI Code as well as Advertising Code – 7 [5] under the Cable Television Network Rules, 1994.  The complaint was UPHELD.

OTHERS:

1.         Hindustan Unilever Ltd (Surf Excel Matic): The advertisement claims that “various powders were tested, and in machines, Surf Excel Matic provided the most effective cleanliness”, qualified with a disclaimer “based on lab test on select fabrics versus ordinary powders” is misleading as the comparison is made versus ordinary powders not meant for machine wash. The subject matter of comparison was not considered as a like to like comparison.

2.         Sahara India TV Network (Shri Hanuman JiCholewale): The advertisement utilized the services of well-known personalities from the entertainment industries and encouraged blind faith belief.

3.         Star India P. Ltd. (Gumraah Season 3): The TVC promo of Gumraah Season 3 presents criminality and directly or indirectly encourages people – particularly minors- to emulate it or conveys the modus operandi of any crime.

AUTOMOBILES:

1.         Hyundai Motors India Limited   (Hyundai i20 Elite): The advertisement shows the visual of a high speed car and maneuverability in a manner that encourages unsafe and reckless driving.

2.         Fiat Group Automobiles India Pvt Ltd (Fiat Punto): The visual advertisement shows dangerous stunts of passengers hanging out of the car while the car is in motion and violates the traffic rules.

3.         Hero MotoCorp Ltd (Karizma ZMR): The advertisement of Karizma ZMR bike shows special capability of the bike to navigate over ice/snow. In absence of commercially available tyres (as qualified in the supers), that are critical to deliver such performance  distorts facts and is misleading

FOOD and BEVERAGES:

1.         Red Bull India Pvt Ltd (Red Bull): The advertisement without justifiable reason shows dangerous practices and manifests a disregard for safety.

2.         Bacardi India P. Ltd (Bacardi Breezer Music CDs): The advertiser is promoting their liquor product – Bacardi Breezer through the radio advertisement. The advertiser had violated the Brand extension advertising code. The Radio spot contravened Chapter III.6 (a) (b) of the ASCI Code and the Guidelines for Brand Extension products or services.

3.         Indian Mushroom Ayurved& Food Product (Mushroom AD Soup Powder): The advertisement claims that Mushroom AD Soup Powder gives “Freedom from Thinness”, increases appetite and weight which cures thinness immediately. They further claim the product generates new blood in the body and is 100% ayurvedic.

4.         Gold Protein Food (GPF White Gold Soya Paneer): The advertisement of GPF White Gold Soya Paneer claims that the product is cholesterol free and has no preservatives added, which helps control cholesterol, blood pressure, diabetes, heart diseases.